The “Blurred Lines” Between Copyright Law and its Role in the Music Industry

This thesis examines the dynamic relationship between copyright law and the music industry by analyzing three landmark cases: Bright Tunes Music Corp. v. Harrisongs Music, Ltd., Williams v. Gaye, and Skidmore v. Zeppelin. Through these case studies, the paper explores how courts assess copyright infringement using the tests of extrinsic and intrinsic similarity, as well as identifies the weight of expert testimony in court, and the role of legal tools such as the inverse-ratio rule. Each case illustrates different implications for artists: from the threat of subconscious plagiarism to the controversial expansion of protectable musical elements, and finally, a shift in precedents that strengthens the amount of creative freedom artists have. Overall, the paper highlights the inconsistencies in application of the tests for similarity and reliance on expert interpretation which hinder the ultimate purpose of copyright law—to encourage creativity and protect original works. The paper concludes by advocating for reforms to the procedure in music copyright cases that would promote clearer standards and protect artists creating new music.